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(영문) 청주지방법원 2017.07.05 2017고단310

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2016, the Defendant forced indecent act committed an indecent act by force against the victim by committing an indecent act by force on the part of the victim’s mils in the front line of the YYYYYYYYYYY YEA, upon the request of the victim C (the name of the victim, 48 years old).

2. On September 27, 2016, the Defendant was unable to open an entrance that was not corrected under the influence of alcohol at the home of the said victim located in Chungcheongnam-do, Chungcheongnam-do around 23:50 on September 27, 2016, and carried out to the side of the victim by entering the locked room.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

Application of Acts and subordinate statutes to the prosecution of the defendant's legal statement C, the police's statement statement protocol 112, report processing statement

1. Relevant legal provisions concerning the facts constituting an offense, Articles 298 and 319 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. In order for a person to be injured by the reason of sentencing under Article 62-2 of the Criminal Act to be punished by the defendant.

Provided, That the punishment shall be determined in consideration of the fact that the defendant reflects the wrong, the fact that there is no past record of sex offense and no criminal record exceeding the fine, the relationship with the victim, the age, sex behavior, environment, etc. of the defendant

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of

The defendant's age, occupation, risk of repeating a crime, type, motive, process, results and seriousness of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and sexual crime subject to registration which can be achieved due to such order.